When Should I Get an Attorney for My Workers’ Compensation Claim?

It can be stressful and overwhelming to suffer an on-the-job injury. Most workers do not fully understand their rights under workers’ compensation laws and may be pressured by their employer to continue working even though they are injured. Further, particularly in larger companies, there can be a lack of concern for your injuries, leaving you confused and unsure of what you should do to protect your rights. Generally speaking, if your injury is serious enough to require significant medical treatment or you are experiencing pain that severely limits your ability to work, you should definitely hire a Duluth workers’ compensation attorney. If, however, your injury is very minor, perhaps only requiring a single doctor visit, then you probably do not need an attorney unless your medical condition worsens. Employers can use the fact that many workers are unfamiliar with the workers’ compensation process to their advantage. Your employer may be asking you to get right back to your regular job duties, even though your medical condition prohibits that. Or, the insurance company may be asking you for a recorded statement—which could be used later to deny your benefits. All of these situations definitely require an experienced Duluth workers’ compensation attorney from The Law Offices of Darwin F. Johnson.

Could I Be Excluded from Workers’ Compensation Benefits?

Unless your employer falls under one of Georgia’s exceptions from workers’ compensation insurance or has less than three employees, you are entitled to workers’ comp benefits if you are injured on the job. Some employers might try to say you are an independent contractor, therefore, are not entitled to workers’ compensation benefits. Remember—just because your employer says you are an independent contractor does not automatically make it so. There are a number of factors that describe an independent contractor as opposed to an employee. Your attorney can help you determine whether you actually qualify as an employee. Prisoners are not entitled to workers’ compensation if they are injured while working for the prison as a part of their incarceration. Some truck drivers carry a separate policy known as an occupational accident policy that is similar to workers’ compensation. If you have any questions regarding your eligibility for workers’ compensation, an experienced attorney from The Law Offices of Darwin F. Johnson can help.

Duluth Workers’ Compensation Attorney

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Workers Comp Lawyer in Duluth, GA

Each state enacts its own workers’ compensation statutes; the state of Georgia enacted its first workers’ comp statute in 1920. Before this law was put into place, the only avenue for injured workers to recover injury-related expenses was through a lawsuit. The injured worker would have to prove the employer was negligent and that negligence caused the injuries. The injured worker would also have to prove he or she did nothing to contribute to the accident. Under workers’ compensation, even if a worker did contribute to the accident in some way, he or she is still entitled to receive workers’ compensation benefits (assuming they are otherwise qualified).

Texas is currently the only state that allows employers to “opt-out” of carrying workers’ compensation insurance. In the state of Georgia, any employer with three or more full or part-time employees must carry workers’ compensation insurance, with a few exceptions, listed below. If you are having difficulty receiving the workers’ compensation benefits you deserve, it could be beneficial to contact a Duluth workers’ compensation attorney from The Law Offices of Darwin F. Johnson.

About Duluth, Georgia

Duluth, Georgia is located north of I-85, about 22 miles northeast of Atlanta. With an estimated population of 30,000 in 2019, Duluth is in Gwinnett County, home to Infinite Energy Center, Hudgens Center for the Arts, and the Red Clay Theater. The agricultural manufacturer AGCO is also based in Duluth. Originally, Duluth was Cherokee territory, primarily forested land occupied by the Native Americans.

Evan Howell, a cotton merchant, constructed a road that connected his cotton gin at the Chattahoochee River with Old Peachtree Roads. This settlement became known as Howell’s Crossing, a name that was later changed to Duluth in 1871, after Duluth, Minnesota. The railroad encouraged the economic growth of Duluth, and in 1922 the city elected the first female mayor in the state, Alice Harrell Strickland. Alice later donated an acre of land for a community forest and was instrumental in conserving land for public recreation.

Why Should You Choose a Duluth Workers’ Compensation Attorney from The Law Offices of Darwin F. Johnson?

The workers’ compensation laws in the state of Georgia can be extremely complex. For the average worker, navigating the workers’ compensation legal system can be frustrating and difficult. If your employer or their insurer is stalling your workers’ compensation benefits or simply denying your benefits altogether, it can be extremely beneficial for you to speak to an experienced Duluth workers’ compensation attorney from The Law Offices of Darwin F. Johnson.

Our primary focus is on workers’ comp cases, along with the personal injury and disability issues that often stem from these circumstances. We have helped thousands of clients recover damages after being injured on the job. Our firm has more than 150 positive Google Reviews, and we have recovered more than $250 million for our clients. Do not leave your workers’ comp case to chance—contact a highly skilled attorney from The Law Offices of Darwin F. Johnson.

What Are the Differences Between TPD, TTD, PPD, and PD?

If you have been injured on the job, those injuries will be assessed to determine which benefit type your workers’ comp claim will fall under. Temporary Total Disability (TTD) is for those who are injured at work with injuries that are temporary, but totally disabling. You are unable to work with a TTD, but over time, your doctor believes you will recover.

A Temporary Partial Disability (TPD) does not completely disable your ability to work but can temporarily diminish that ability. You may be able to return to work with certain work restrictions in place that will allow you to return in a partial capacity. TPD can help you make up for lost wages while you recover from your work-related injuries.

If you are hurt so severely that you will not be able to return to work because of permanent disabilities, then your injuries are classified as a Permanent Disability, or PD. If you are able to return to work in a reduced capacity, you may qualify for Partial Permanent Disability (PPD). This means you can do some level of work, but your injuries are permanent. If you are able to return to work, but unable to perform your usual duties you may receive partial benefits for a maximum of 350 weeks.

FAQs Regarding Duluth, GA Workers’ Compensation

When Should I Get an Attorney for My Workers’ Compensation Claim? It can be stressful and overwhelming to suffer an on-the-job injury. Most workers do not fully understand their rights under workers’ compensation laws and may be pressured by their employer to continue working even though they are injured. Further, particularly in larger companies, there can be a lack of concern for your injuries, leaving you confused and unsure of what you should do to protect your rights. Generally speaking, if your injury is serious enough to require significant medical treatment or you are experiencing pain that severely limits your ability to work, you should definitely hire a Duluth workers’ compensation attorney. If, however, your injury is very minor, perhaps only requiring a single doctor visit, then you probably do not need an attorney unless your medical condition worsens. Employers can use the fact that many workers are unfamiliar with the workers’ compensation process to their advantage. Your employer may be asking you to get right back to your regular job duties, even though your medical condition prohibits that. Or, the insurance company may be asking you for a recorded statement—which could be used later to deny your benefits. All of these situations definitely require an experienced Duluth workers’ compensation attorney from The Law Offices of Darwin F. Johnson.
Could I Be Excluded from Workers’ Compensation Benefits? Unless your employer falls under one of Georgia’s exceptions from workers’ compensation insurance or has less than three employees, you are entitled to workers’ comp benefits if you are injured on the job. Some employers might try to say you are an independent contractor, therefore, are not entitled to workers’ compensation benefits. Remember—just because your employer says you are an independent contractor does not automatically make it so. There are a number of factors that describe an independent contractor as opposed to an employee. Your attorney can help you determine whether you actually qualify as an employee. Prisoners are not entitled to workers’ compensation if they are injured while working for the prison as a part of their incarceration. Some truck drivers carry a separate policy known as an occupational accident policy that is similar to workers’ compensation. If you have any questions regarding your eligibility for workers’ compensation, an experienced attorney from The Law Offices of Darwin F. Johnson can help.

How a Knowledgeable Duluth Workers’ Compensation Attorney from The Law Offices of Darwin F. Johnson Can Help

If you are struggling to secure the workers’ compensation benefits you are entitled to receive following a workplace injury or illness, it can be extremely beneficial for you to speak to a highly skilled Duluth workers’ compensation attorney from the Law Offices of Darwin F. Johnson. We have been helping people just like you obtain the benefits they are entitled to receive for over three decades. We believe that your life and your future are important, and we back up those beliefs with action on your behalf. When you contact The Law Offices of Darwin F. Johnson, we will fight for the workers’ compensation benefits you deserve.